Textbook publisher Wiley & Sons loses Supreme Court copyright case

JISHOU, HUNAN — Selling textbooks printed abroad in the USA does not infringe the copyright of the books’ publisher, the Supreme Court ruled yesterday in a 6-3 decision. The decision means a Thai entrepreneur can legally resell textbooks in the States. The adversaries in this case were John Wiley & Sons, which publishes the text I used for AP Physics for many years, among others, and Supap Kirtsaeng, a Thai student who found a clever way to make money. He bought Wiley’s texts legally in Thailand, where the prices are lower than in the States, and then resold them (legally) in the USA for a tidy profit, while still undercutting Wiley’s American retail prices. (Which is not hard, considering how high those prices are, especially for science, technology, engineering and math — STEM — texts. One book alone might cost $150 or more.) As you can imagine, Wiley was not pleased, and took Kirtsaeng to court, contending that he was violating its copyright by reselling books intended for Thai consumers in the USA. Two lower courts found in Wiley’s favor, but the Supreme Court overturned those decisions, finding no clear provisions in existing copyright law that would make Kirtsaeng’s enterprise ...
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